3PB

Commercial; Property and Estates.

Overview

Charles Irvine is regularly instructed in the Court of Appeal, High Court, County Court and the Tribunals on a range of civil matters covering property, trusts, commercial & insolvency proceedings. He is able to accept instructions on a direct public access basis.

Commerical

Charles has significant expertise in commercial disputes and contractual and professional negligence cases.  He is noted for his expertise in insolvency, in particular, individual bankruptcy and commercial insolvency, including boardroom disputes between directors and shareholders.  He also has expertise in commercial disputes concerning contracts, guarantees and sureties.

In particular, including:

• Company litigation
• Corporate and individual insolvency
• Partnership
• Breach of contract
• Agency
• Misrepresentation

Recent and reported cases:

In the matter of M (2023)
Charles successfully defended a debtor who was facing bankruptcy in respect of a debt of around £500,000 and in related High Court proceedings concerning a disputed debt of £375,000 arising from a purported breach of and/or the assumption of a company’s debt by a director.

S v H (2022)
Charles successfully negotiated a sizeable settlement in an unfair prejudice petition brought by his client against a co-director in a quasi-partnership dispute.  The underlying dispute raised issues concerning the controlling director’s misappropriation of company assets, breach of fiduciary duties by failing to promote the success of the company and undeclared dividends and salary payments made to the client’s detriment.

G P Ltd v C (2021)
Charles successfully represented a former employee (C) in getting a High Court claim brought by her former employer (G) dismissed and opposing an interim injunction being entered against her for a purported breach of confidentiality.  It was alleged that C obtained G’s commercially sensitive information and passed it onto her new employer.  The context was that the G’s former founding director had left G to set up a rival company and C had left G to join him.  These proceedings were part of an attempt to obtain information to sustain G’s claim against the former director.

In the matter of Sinton European Logistics Ltd (2019) [2019] 2 WLUK 327
Charles successfully represented the liquidator of Sinton European Logistics in a claim brought against the former director of the company that had gone into creditors' voluntary liquidation.  The director was liable to pay £20,360 to the liquidator in respect of various payments made, before the company had gone into liquidation, in breach of his fiduciary duty as director.  (LTL 22/2/2019 EXTEMPORE: [2019] 2 WLUK 327)

Greatbatch v Sirius Marine Service Ltd (Re Rhapsody) [2018] EWHC 4062 (Admlty)
Charles successfully brought proceedings in the Admiralty Court in respect of defective workmanship carried out by the Defendant.  The case raised issues as to the correct measure of damages for pleasure vessels.

Bayerische Motoren Werke AG v Technosport London Ltd & Agyeton [2016] EWHC 797 (IPEC)
High Court trial concerning passing off and trade mark infringement of the BMW word mark and roundel logo.

Doctor Associates Inc v Hussain [2014] EWHC 3384 (IPEC)
High Court application to set aside default judgment on terms in a passing off case.

GHML v Maroo [2012]
Led by David Berkley KC of 3PB for permission to appeal to the Court of Appeal on the fiduciary duties owed by directors. Advising a large group of companies on their standard terms and conditions and updating the same in light of the Consumer Rights Act 2015.

Banking and Finance
Regularly instructed on behalf of lenders in a range of contractual and enforcement of security proceedings, especially with guarantee obligations, insolvency and/or property issues. Junior counsel to David Berkley KC of 3PB in a SME mis-selling claim against a large banking group, which settled and was reported in the Sunday Times (2 August 2015).

Property and Estates

Charles enjoys a busy property practice and his experience includes:

• Real property, with a focus on trusts of land, proprietary estoppel and the interpretation of deeds.
• Landlord and Tenant: Commercial and residential landlord and tenant law, including possession, advising on secured and assured tenancies, 1954 Act renewals and forfeiture and surrender

Recent and reported cases:

Hambling & anor v Wakerly & anor [2023] EWHC 343 (Ch); [2023] All ER (D) 77 (Feb)
Charles was successful at both first instance and at appeal in a claim brought against his clients for: (i) interference with a right of way, which was dependant on the interpretation of a transfer; (ii) interference with a right to light; and (iii) proprietary estoppel.  Charles won on all issues at first instance.  On appeal, the issue centred on whether the interpretation of a right of way and whether there was any “ancillary” use arguments which would benefit a right of way.  Again, Charles was successful in opposing the appeal.

The case attracted a significant amount of national press interest:

• https://www.3pb.co.uk/charles-irvine-successful-in-high-profile-neighbours-boundary-dispute/ 
• https://www.dailymail.co.uk/news/article-11788527/Couple-face-160-000-bill-losing-legal-battle-against-monstrous-millionaire-neighbours.html
• https://www.lexisnexis.co.uk/legal/news/effect-of-practical-geographical-realities-when-construing-express-easement-hambling-v-wakerly]

Gillbac Ltd v (1) Clinkett & (2) Persons Unknown [2023]
Charles successfully represented the Claimant in complex commercial possession proceedings involving the removal of a former business tenant from premises to be sold to developers as part of a £2.8million development. The former tenant took forceable repossession of the site to operate from and refused to leave on the basis that the local council had failed to find alternative premises for him to operate from.  The matter attracted a national press interest.

• https://www.youtube.com/watch?v=fficIWeoP5M
• https://www.mylondon.news/news/south-london-news/bailiffs-trying-evict-london-barber-24735294
• https://southwarknews.co.uk/featured/rotherhithe-evicted-small-business-owner-gets-keys-back-and-is-free-to-start-trading-again/

Uddin & Begum v Hussain & Islam [2023]
Charles successfully obtained a High Court injunction on behalf of the Claimants to prevent the Defendants (their son and daughter-in-law) from selling a home in which they all lived in.  In the substantive claim, the Claimants seek to set aside/void a fraudulent transfer deed which transferred the property into the Claimants’ son’s sole name.  The Claimants assert that their son forged for his parents’ signature on the transfer deed.  Alternatively, the First Defendant made his parents sign the transfer deed on the basis of a fraudulent misrepresentation and/or as a result of applying undue influence and/or by mistake.

Carshalton Beeches Bowling Club Limited v Seaton House School [2020]
Charles successfully represented the Defendant, Seaton House School, named Independent Preparatory School of the Year 2018, at a 3 day trial in the County Court at Central London.  The claim concerned a business lease renewal under the Landlord and Tenant Act 1954 and a claim for a new lease under the principles of proprietary estoppel. The case has attracted news coverage including in The Telegraph, The Times, the Evening Standard and the Daily Mail.

Shah & Shah v Greening & Greening [2015]
A 2 day trial in the High Court concerning the specific performance of a contract for sale which raised issues of illegality and exceptional hardship.

Pressland v Sonigara [2015]
A 2 day trial at the County Court at Central London concerning the surrender of a lease by operation of law.

Hayatt v Cherwell District Council [2014]
First Tier Tribunal Property Chamber (Residential Property) appeal against the refusal to revoke an Interim Management Order.

Year of call 2010

•    2009 - 2010: Bar Vocational Course, City Law School, Graded "Outstanding" (ranking well within the top 20 students that year). •    2008 - 2009: Graduate Diploma in Law (CPE), City University. •    2005 - 2008: BA (Hons), University of London (Royal Holloway).